Rafts to have

common Gaol of the District wherein such conviction shall be had, there to remain for and during the space of twelve calendar months.

XXIX. And be it enacted, that it shall be imperative on the owners or conbright fires at ductors of Rafts, to have bright fires kept burning during the night, while drifting night. on any of the navigable rivers, in this Province, on pain of being subject to pay a penalty not exceeding ten pounds, currency, upon conviction before any two of Her Majesty's Justices of the Peace.

Penalties, how recoverable.

XXX. And be it enacted, that all the penalties, fines and forfeitures, by this Act imposed, shall be sued for, (except where otherwise provided for) within twelve months after the fact committed, and not afterwards, either in term time, before any of Her Majesty's Superior Courts of Record, or before any other Court having Civil Jurisdiction to the amount of the penalty, fine or forfeiture within the District wherein the offence shall have been committed, or in vacation before any Justice or Judge of such Court, in a summary manner, and shall also be recoverable, with costs, in the same manner as other debts of the same value are recoverable in this Province, by Bill, Suit, Plaint or Information; and one moiety of all such penalties, fines and forfeitures, (except such as are herein before otherwise applied) shall be forthwith paid over to the Receiver General, and shall form And how dis part of the Consolidated Revenue Fund of this Province, and shall be accounted for to Her Majesty, Her Heirs and Successors, through the Lords Commissioners of Her Majesty's Treasury for the time being, in such manner as Her Majesty, Her Heirs and Successors shall direct, and the other moiety shall belong to the party aggrieved, or to the informer or person who shall prosecute or sue for the

posed of.

Time within which actions

for things done of this Act

in pursuance must be brought.

same.

XXXI. And be it enacted, that any person who shall assault any Culler in the execution of his duty under this Act, or shall by threats, menaces or by violence, impede or prevent any Culler from the performance of his duty, such person upon being duly convicted thereof before any one of Her Majesty's Justices of the Peace, upon the oath of one credible witness, shall incur a penalty of five pounds, sterling money of Great Britain, and in default of payment shall forthwith be committed to the Common Gaol, there to be detained for the space of fifteen days, unless he shall sooner pay such penalty.

XXXII. And be it enacted, that if any Action or Suit shall be commenced against any person or persons, for any thing done in pursuance of this Act, such Suit or Action shall be commenced within the space of twelve Calendar months next after the offence shall have been committed, and not afterwards; and the defendant or defendants in such Action or Suit may plead the general issue, and

give this Act and the special matter in evidence at any trial to be had thereupon, and that the same was done in pursuance and by the authority of this Act; and if it shall appear so to have been done, then judgment shall be given or a verdict found for the defendant or defendants; and if the plaintiff shall be nonsuited or shall discontinue his Action after the defendant or defendants shall have appeared, or if judgment shall be given against the plaintiff, the defendant may and shall successful recover costs, and have the like remedy for the same as defendants have in other cases by law.

XXXIII. And be it enacted, that in case the Board of Examiners mentioned in this Act, or the Quebec Board of Trade, shall at any time refuse or neglect to comply with any of the requirements of this Act, it shall be lawful for the Governor of this Province, by and with the advice and consent of the Executive Council thereof, and on the complaint of the Supervisor of Cullers, to make any appointment which the said Quebec Board of Trade ought to have made, or to appoint any other persons to perform the duty which the said Board of Examiners ought to have performed.

XXXIV. And be it enacted, that this Act shall commence and have force and effect, upon, from and after the first day of January, in the year one thousand eight hundred and forty-four.

Defendant if have costs.

to

CAP. XXVI.

An Act for securing the Province against any unnecessary loss on the judicial sale of certain parts of the vacant estate of the late Honorable Sir John Caldwell.

WH

[16th November, 1843.]

Preamble.

cited.

HEREAS, on the twentieth day of October, one thousand eight hundred and twenty-five, a judgment was rendered by the Honorable the Court of King's Bench for the District of Quebec, in favor of His late Majesty King Judgment reGeorge the Fourth, against the Honorable Sir John Caldwell, Baronet, (then the Honorable John Caldwell, Esquire,) formerly Receiver General of the late Province of Lower Canada, for the sum of ninety-six thousand, one hundred and seventeen pounds, thirteen shillings, and one penny and one half-penny, sterling money of Great Britain, equal to the sum of one hundred and six thousand, seven hundred and ninety-seven pounds, six shillings and eight pence, current money of the said late Province, being the balance of certain public monies of the said late Province then remaining unaccounted for in the hands of the said Honorable Sir

D D

John

Judgment recited.

John Caldwell, in his quality of Receiver General, as aforesaid: And whereas, on the nineteenth day of April, one thousand eight hundred and twenty-six, a certain other judgment was rendered by the said Court, in favor of His said late Majesty King George the Fourth, and against the said Honorable Sir John Caldwell, Baronet, (then the Honorable John Caldwell, Esquire,) as sole heir at law of the late Henry Caldwell, Esquire, deceased, for the sum of seven thousand eight hundred and eighty-one pounds, eight shillings, and nine pence andonefarthing, current money of the said late Province, with interest from the first day of January, one thousand eight hundred and twenty-three, for certain other public monies then remaining unaccounted for in the hands of the said Honorable Sir John Caldwell; and whereas the said Honorable Sir John Caldwell, on or about the twentyDeath of Sir sixth day of October, one thousand eight hundred and forty-two, departed this John Caldwell, life, to wit, at the City of Boston, in the State of Massachusetts, one of the United States of America, leaving as his lawful heirs and personal representatives, Sir Henry John Caldwell, of the City of Quebec, Baronet, and Graham John Eden, Henry Noel Eden and William Thomas Eden, in right of the late Ann Caldwell, their Mother, deceased,—that is to say, the said Sir Henry John Caldwell, Baronet, as being the only Son of the late Honorable Sir John Caldwell, issue of the marriage between him and the late Jane Davidson, deceased, his Wife; and the said Graham John Eden, Henry Noel Eden and William Thomas Eden, being as aforesaid, heirs of the said late Ann Caldwell, issue of her marriage with John Eden, then of the City of Montreal, Esquire, the said Ann Caldwell, having been the only daughter of the said late Honorable Sir John His Succes Caldwell, issue of his said marriage; And whereas, on the twentieth day of January last past, the said Sir Henry John Caldwell, Baronet, in due form of law, renounced the estate and succession of the said late Honorable Sir John Caldwell, Baronet, by deed before Tétu and his Colleague, Public Notaries, at Quebec, bearing date the day and year last aforesaid, and on the same day and year the said John Eden being the Tutor in due form of law appointed to the said Graham John Eden, Henry Noel Eden and William Thomas Eden, minors under the age of twenty-one years, acting on their behalf and duly authorized so to do, renounced the estate and succession of the said late Honorable Sir John Caldwell, Baronet, by deed before Terroux and his Colleague, Public Notaries, at Montreal, bearing date the day and year last aforesaid, whereby the said estate and succession became vacant; And whereas afterwards, to wit, on the eleventh day of February last past, Antoine Archange Parent, of the City of Quebec, Esquire, Judgments Notary Public, was in due form of law appointed Curator to the said vacant estate declared exe- and succession; And whereas, on the ninth day of June last past, upon informacutory against the Curator to tion duly filed on behalf of Her Majesty, a certain other Judgment was rendered Vacant by the said Court in favor of Her Majesty, by which it was considered and adjudged by the said Court, that the said Judgment so as aforesaid rendered by the

sion

ced.

his

Estate.

ronoun

said Court on the twentieth day of October, one thousand eight hundred and twenty-five, should be and the same was thereby declared to be executory against the said Antoine Archange Parent, in his capacity of Curator as aforesaid, and that Her Majesty should have Her execution against him, as Curator as aforesaid, for the debt aforesaid in and by the Judgment last aforesaid mentioned, adjudged and awarded, to be levied of the goods and chattels, lands and tenements, which were of the said late Honorable Sir John Caldwell, at the time of his death, and in the hands of the said Antoine Archange Parent, as such Curator as aforesaid, to be administered; And whereas on the twentieth day of April last past, upon a certain other information duly filed on behalf of Her Majesty, a certain other judg ment was rendered by the said Court in favor of Her Majesty, by which it was considered and adjudged by the said Court that the judgment so as aforesaid rendered on the nineteenth day of April, one thousand eight hundred and twenty-six, in favor of Our late Sovereign Lord King George the Fourth, against the said late Honorable Sir John Caldwell, should be and the same was thereby declared executory against the said Antoine Archange Parent, in his said capacity of Curator to the said vacant estate and succession of the said late Honorable Sir John Caldwell, and that in consequence the said Antoine Archange Parent, in his said capacity, be and he was thereby condemned to pay and satisfy to Her Majesty the sum of two thousand, eight hundred and ten pounds, sixteen shillings and seven pence, current money of this Province, as and for the balance then remaining due on the principal sum in the said last aforesaid judgment mentioned, (certain payments having theretofore been made in part satisfaction thereof) with the further sum of two thousand one hundred and seventy one pounds, six shillings and three pence, current money aforesaid, as and for arrears of interest accrued upon the balance of the principal sum aforesaid, from the seventeenth day of May, one thousand eight hundred and thirty, to the first day of April last past, and with the interest on the said principal sum of two thousand, eight hundred and ten pounds, sixteen shillings, and seven pence, from the said first day of April last past, until paid; And whereas also, certain payments have been made in part satisfaction of the said judgment so as aforesaid rendered on the twentieth day of October, one thousand eight hundred and twenty-five, so that there now remains due under the last mentioned Judgment a sum of seventy three thousand, nine hundred and thirty five pounds, twelve shillings, and nine pence and one half penny, current money aforesaid; And whereas for the payment and satisfaction of the above mentioned judgments, it is necessary that certain real property, belonging to the said vacant estate and succession of the said late Honorable Sir John Caldwell, should be seized and sold at Sheriff's sale; And whereas the Fief and Seigniory of Lauzon, situate in Seigniory of the District of Quebec, in this Province, forms part of the real property still be- Lauzon, part of his Estate. longing to the said vacant estate and succession of the said late Honorable Sir John Caldwell, and by reason of the great value thereof, it will be highly advantageous

tageous as well to the interests of the said vacant estate and succession, as to the interests of Her Majesty, that the same should be advertised for sale during a longer period than now allowed by law in like cases; And whereas, it may become necessary, in order to avoid loss to the Province, that the said Fief and Seigniory of Lauzon be purchased and acquired by and in the name of Her Majesty for the public uses of this Province; Be it therefore enacted, by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, intituled, Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it The said is hereby enacted by the authority of the same, that it shall be lawful for the GoSeigniory to be vernor of this Province, at any time from and after the passing of this Act, for the satisfaction of the above mentioned Judgments, to direct that a Writ or Writs of fieri facias, or an alias Writ or alias Writs of the same nature be sued out in the usual and legal form, from and out of the said Court of King's Bench for the District of Quebec, against the said Fief and Seigniory of Lauzon, situate in the District of Quebec as aforesaid, the same to be under and by virtue of such Writ or Writs, seized and sold, according to law by the Sheriff of the District of Quebec : Provided always, that the sale of the said Fief and Seigniory, so to be made under such Writ or Writs, shall not take place at any time previous to the expiration of at least twelve Calendar Months, from and after the date of the first legal advertisement of the same, to be published by the said Sheriff, and the Writ or Writs so to be sued out as aforesaid, may be made returnable accordingly.

sold.

Proviso.

Certain ex

tra notices of

the sale to be published.

The Curator to represent the estate.

II. And be it enacted, that the legal advertisement of such seizure and sale of the said Fief and Seigniory, to be made as aforesaid, shall be, by the said Sheriff, inserted and published in the French and English languages, twelve times during the said twelve months, in any two Newspapers published in each of the Cities of Quebec and Montreal, and in the Canada Gazette; any law, usage, or Custom to the contrary notwithstanding: Provided always, that no inaccuracy, omission, discontinuation or irregularity in the insertion, printing or publication of the said advertisement in the said Newspapers in the said Cities of Quebec and Montreal, or either of them, shall be deemed or taken to impair or affect the sufficiency and legality of the seizure and sale of the said Fief and Seigniory; any law, usage, or Custom to the contrary notwithstanding.

III. And be it enacted, that with regard to any seizure and sale of the said Fief and Seigniory so to be made under and by virtue of any such writ or writs, to be issued as aforesaid, the said Antoine Archange Parent shall be held, deemed, and taken to represent the vacant estate and succession of the said late Honorable